The Le Moyne College Student Conduct Process is grounded in a holistic and educational approach to addressing behavior that conflicts with our Community Standards. Any faculty member, administrator, staff member, or student may submit a report regarding alleged misconduct by a student. Reports should be filed through the Office of Community Standards or Campus Security, and include a description of the behavior in question, the policy or policies potentially violated, and any supporting documentation.

 

Student Rights

 

Le Moyne College affirms the dignity of every student and is committed to a fair and transparent student conduct process. Students are encouraged to review their rights and are welcome to ask questions at any point throughout the process.

 

Students involved in the conduct process are guaranteed the following rights:

 

1. The right to meet with the Office of Community Standards to discuss the student conduct process.
2. The right to respond to the alleged violations against them and to rebut unfavorable inferences that might be drawn.
3. The right to identify information and witnesses who may have direct, personal knowledge of the incident or conduct in question.
4. The right to review materials and evidence upon which the charges are based.
5. The right to a procedural advisor, provided by the Office of Community Standards.
6. The right to choose not to attend a hearing. In such cases, the hearing will proceed in the student’s absence, and a decision will be made based on the available information.
7. The right to request a hearing be delayed or rescheduled, as long as the student notifies the hearing officer at least two business days in advance of the originally scheduled hearing.
8. The right to decline to appear as a witness or to request anonymity, understanding that this may impact the availability of sufficient evidence to proceed with the case.
9. The right to be notified of the outcome of the hearing and any applicable sanctions.
10. The right to appeal, as provided in the section entitled “Appeals” below.

 

Jurisdiction

 

The Le Moyne College Student Handbook—including all policies, procedures, and community standards—applies to all students, regardless of location or enrollment status. This includes students who are on campus, off campus, participating in online or study abroad programs, or on leave (academic, disciplinary, medical, or personal) with the intention of continuing their relationship with the College.

 

Organization

 

Upon receipt of a report, a preliminary assessment will be made by the Director of Community Standards or designee to determine the nature and severity of the incident and the appropriate resolution process. Students have an opportunity to request an alternative resolution process than assigned, but the College reserves the right to determine the most appropriate model. The College uses the following resolution models:

 

Educational Conversation

An Educational Conversation is an informal and restorative process used for low-level violations where the nature of the incident is clear and undisputed. These cases often involve behavior such as possession of a prohibited item or failure to comply with a known policy (e.g., a candle discovered during a routine fire safety inspection).

 

This process is a one-on-one conversation between the student and a hearing officer intended to help the student reflect on their choices, understand expectations, and prevent future issues. The student’s participation is required, and failure to attend without prior notice may result in further disciplinary action.

 

Administrative Hearing

An Administrative Hearing is appropriate when a student may dispute the alleged behavior or wants the opportunity to provide additional context or evidence. This process is more structured and allows the student to share their perspective, respond to the allegations, and present relevant information.

 

Administrative Hearings are conducted by a professional staff member trained in the student conduct process. Students have the right to review their charges in advance, bring a procedural advisor, and request relevant witnesses and/or documentation.

 

Board Hearing

A Board Hearing is reserved for high-level conduct matters where outcomes may include removal from College housing, suspension, or dismissal from the College. The hearing board consists of one student and two employees trained in student conduct procedures. The Director of Community Standards coordinates the hearing and provides administrative support but does not vote.

 

Board Hearings are structured processes where both the reporting party (if applicable) and the responding student may present information, offer witnesses, and have their perspectives heard. The Board determines responsibility based on the preponderance of the evidence standard and makes a recommendation for appropriate sanctions to the Director of Community Standards, who makes the final determination.

 

Formal Mediation

Formal mediation may be assigned in cases involving a conflict between individuals in an attempt to resolve such matters outside of the traditional hearing setting. Mediation sessions result in a written (binding) agreement between the parties involved. The parties are subject to further disciplinary action for failure to comply. Students will be referred to the Director of community standards if a mutual settlement cannot be reached.

 

General Principles

Fundamental Fairness

To ensure that procedures in conduct cases meet fundamental standards of fairness, and to ensure that students involved in such cases realize that their case has been processed in a fair and judicious manner, the following procedural principles shall be applied. These guidelines are not meant to imply that student conduct cases are analogous to legal proceedings in the civil or criminal courts.

1. Students against whom allegations have been made shall be considered not responsible until proven responsible.
2. Students accused of violating a College policy shall be notified of the specific charge(s) before the case is considered.
3. The student shall be free from disciplinary sanction, pending the conclusion of a case. However, where the nature of the case indicates that there is a danger to the immediate well-being of the College community, appropriate interim measures may be taken by the associate provost for student development or the director of community standards including temporary suspension from the College and its residence halls.
4. The student shall have the right to have the case heard within a reasonable amount of time. The student shall receive the final decision of a disciplinary hearing/meeting in writing as soon as possible after the case is brought to a close.

 

Decision guidelines

The Le Moyne student conduct system is not meant to model criminal or civic judicial proceedings. Information for a finding is based on a standard that a violation was “more likely than not” to have occurred. The information does not have to be in the form of physical evidence nor does the violation have to be witnessed. Circumstantial information can be sufficient in some instances for the College to determine that a violation was “more likely than not” to have occurred.

 

Definition of Terms

The term “distribution” means sale or provision. 

The term “College” means Le Moyne College. 

The term “reckless” means conduct that one should reasonably be expected to know would create a substantial risk of harm to persons or property or that would otherwise be likely to result in interference with normal activities. 

The term “student” means a person taking or auditing graduate or undergraduate courses at the institution on a full-time or part-time basis. 

The term “College premises” means buildings or grounds owned, leased, operated, controlled or supervised by the College. 

The term “weapon” means any object or substance designed or used to inflict a wound and/or cause injury to or to incapacitate a person including, but not limited to, firearms, rifles, pellet guns, airs guns, any item that propels an object, knives and chemicals such as mace or tear gas. 

The term “College-sponsored activity” means any activity on or off campus that is initiated, aided, authorized or supervised by the College.
 

Misconduct Subject to Student Action

 

Student conduct proceedings may be initiated in response to conduct that occurs on College premises or at events officially sponsored by Le Moyne College, conduct that arises out of membership in the Le Moyne community or conduct elsewhere, that adversely affects the College, its affiliated organizations, or members of the College community or their pursuit of its objects.

 

Appeals

 

Students may appeal decisions resulting from any of the above processes. Appeals must be submitted in writing within five business days of receiving the outcome letter and must be based on one or more of the following grounds:

• A significant procedural error that affected the outcome
• New information that was not reasonably available at the time of the original meeting or hearing
• The sanction is substantially disproportionate to the violation

The appropriate appeal officer(s) will be identified in the outcome letter and will issue a written decision following review.

 

Sanctioning Guidelines

 

Purpose and Philosophy

The Office of Community Standards is committed to fostering an educational and developmental environment that supports students in becoming responsible, ethical members of the campus community. Our approach to student conduct is holistic, taking into account not just the policy violation but the individual circumstances surrounding each case. This includes the student’s intent and impact on the community, behavior during the conduct process, and overall conduct history.

 

Our sanctioning philosophy is guided by the following values:

 

• Education and reflection as primary tools for personal growth.
• Consistency with flexibility, balancing equity and fairness.
• Accountability through outcomes that help students understand the impact of their choices.
• Community responsibility, ensuring the well-being and safety of all members.

 

Holistic Approach to Sanctioning

Rather than using a rigid, offense-based sanctioning grid, we employ a tiered and contextual framework that considers:

 

• The nature and severity of the policy violation.
• The student’s prior conduct history, including the number and types of previous violations.
• The student’s engagement and demeanor in the conduct process (e.g., honesty, accountability, remorse).
• The impact of the behavior on others and the community.
• Any mitigating or aggravating factors, such as personal hardship, intent, or premeditation.

 

Each case is reviewed individually and holistically by the team of professional hearing officers, with sanctions designed to achieve the following goals:

 

1. Promote learning and self-reflection.
2. Repair harm to the community.
3. Deter future violations.
4. Provide support or resources as needed.

 

Assigned sanctions will primarily be made at the discretion of the respective hearing officer, but the Director of Community Standards reserves the right to make the final decision on all sanctions.

 

Sanction Categories

Educational and Reflective Sanctions Include, but are not Limited to:

• Reflective essays or journaling
• Workshops (e.g., alcohol education, conflict resolution)
• Research papers on community standards or related topics
• Meetings with faculty/staff mentors
• Assigned readings with discussion

 

Restorative or Community-Based Sanctions Include, but are not Limited to:

• Apology letters
• Community service
• Restitution (when applicable)
• Participation in restorative circles or dialogues

 

Developmental or Supportive Sanctions Include, but are not Limited to:

• Referral to counseling or wellness services
• Substance use assessments
• Educational plans or goal setting
   

Punitive Sanctions Include, but are not Limited to:

• Disciplinary probation
• Loss of privileges (e.g., leadership roles, housing)
• No-contact orders
• Suspension or expulsion (reserved for serious or repeat offenses)

 

Conduct History and Progressive Sanctioning

Sanctioning takes into account the student’s full conduct history, not just the number of times they have violated a specific policy. For example:

 

• A student found responsible for an alcohol policy violation may receive educational sanctions. If they are later found responsible for disorderly conduct, hearing officers will consider whether the prior alcohol violation reflects a broader behavioral pattern.
• If a student has multiple unrelated violations, progressive sanctions may be applied, even if it’s their "first" offense of a particular policy.

 

Guiding principle

Each additional violation signals a need for escalated intervention, not necessarily punishment, but a response that encourages increased reflection, responsibility, and behavioral change. That being said, punitive sanctions always remain an option for hearing officers and Boards to utilize at any point in a student’s conduct history.

 

Dangerous or Life-Threatening Behavior

 

A student may be subject to summary suspension, dismissal or involuntary withdrawal by the College for dangerous or life-threatening behavior, as determined on an individualized, case-by-case basis, for reasons including, but not limited to:

 

• Being unable to maintain their physical or psychological safety (e.g., not functioning well enough to take care of oneself in the College’s academic environment);
•    Posing a danger to oneself or others;
•    Engaging in legal violations regarding alcohol and drugs, violent behavior and/or violating related policies as outlined in the Student Handbook;
•    Otherwise engaging in behavior which is unduly disruptive, destructive or dangerous.

 

While the College is committed to helping students alleviate whatever factors are precipitating dangerous or life-threatening behavior, such behavior is often disruptive to the academic and social/living environment of the College community.  In the case of such behavior, a student may be required by the director of community standards to undergo assessment by a counselor or health care professional from Le Moyne College’s Wellness Center for Health and Counseling and/or a medical or mental health professional from outside the College community of the College’s choosing.  In some cases, a student also may be required to receive medical, psychological and/or substance abuse treatment or satisfy other requirements as a condition of remaining in attendance at the College.  Except in unusual circumstances where safety is of immediate concern, the College will make a decision to suspend, dismiss or involuntarily withdraw a student only after providing the student with advance notice of the decision and an opportunity to meet with the director of community standards.

 

In unusual circumstances, where safety is of immediate concern, the director of community standards may make an interim suspension, dismissal or involuntary withdrawal decision (or impose other conditions, such as restricted campus or housing access) without first meeting with the student.  In those instances, the student will be provided with notice in the interim and an opportunity to be heard by the director of community standards (normally within 72 hours) before a final decision is reached.  The student also should consult the College’s medical/mental health withdrawal policy, as it may also apply in certain of these situations.

 

In cases where the student’s alleged conduct would also be misconduct subject to adjudication through the Student Conduct process, the director of community standards or their designee will determine whether the case, including any sanction(s) to be imposed, will be addressed pursuant to this policy or will be referred to the Student Conduct Program for adjudication in that forum.

 

In any particular situation, the director of community standards may designate another individual to act on their behalf for the purpose of this policy.  Therefore, the references in this policy to “the director” include their designee.

Students who have been involuntarily withdrawn in accordance with the Dangerous or Life-Threatening behavior policy may appeal to the associate provost for student development or their designee.  Appeals must be received by the office of the associate provost for student development within five business days of the decision of the director of community standards.  The decision by the associate provost for student development normally will be distributed within five business days to the student and all involved parties.

 

Upon appeal, the decision of the associate provost for student development shall be final and cannot be appealed by means of any other grievance or appeal procedures at the College.

 

Failure of the student to appeal within the designated time limit of five business days will be deemed a withdrawal of the right to appeal.

Medical Leave of Absence/Withdrawal from the College
 

For medical or psychological reasons, a student may voluntarily discontinue enrollment at the College by requesting either a medical leave of absence (temporary) or a withdrawal from the College (permanent). 

 

A medical leave of absence is a temporary hiatus from the College with the intent to return after a specified period of time.  Students requesting a medical leave of absence must indicate when they plan to return to their studies. The total time away from the College cannot exceed two consecutive semesters. A student may not take matriculated course work at another institution while on a leave of absence. To be eligible to return from a leave of absence, the student must demonstrate their readiness to return by satisfying all requirements for return. If readmitted, the student will be subject to such conditions as may be imposed by the associate provost for student development.  If a student does not return from a leave of absence at the scheduled time, the student will be administratively withdrawn from the College and must apply for readmission.

 

A medical withdrawal is a permanent separation from the College. A student who has withdrawn must apply for readmission to the College if he or she wishes to re-enroll.

 

A student may request a medical leave of absence or a withdrawal by completing the Voluntary Medical Leave of Absence/Withdrawal request form available through the Office of Student Development or Registrar. A student requesting a medical leave of absence or withdrawal will meet with College administrators to discuss the academic and financial implications of their decision. If a student wants to leave or withdraw before the end of the current semester, the request form must be submitted by the last day to withdraw from courses with a “W” grade, as specified in the Academic Calendar. Such requests will be granted if the student has a legitimate medical reason and they are not already liable for academic disqualification for poor scholarship or liable for suspension for misconduct. Failure to submit the medical leave of absence/withdrawal form in a timely fashion may result in a student’s request being denied.

 

If the request for a medical leave of absence/withdrawal is approved for the current semester, the student must leave campus within 24 hours and be absent from campus unless he or she is otherwise expressly allowed by the associate provost for student development. The student will receive grades of “W” in all enrolled courses and will have a hold on future registration until the conditions of the return have been met.

 

If the request for a medical leave of absence/withdrawal is approved for a future semester, then the student may remain enrolled in and receive grades for their current classes. The student will have a hold on future registration until the conditions of the return have been met.  While on medical leave of absence/withdrawal, the student must be absent from campus, unless access is otherwise expressly allowed by the associate provost for student development.

 

The College may require a student to take a medical leave of absence or withdrawal (or impose other appropriate restrictions, e.g., restricted campus or housing access) if, in the judgment of the associate provost for student development, the student:

 

1. poses an imminent threat to the lives, safety or well-being of themself or other members of the College community (including a threat which results from the fact that the student cannot be properly treated in the College setting), or

2. has evidenced a medical or psychological condition or behavior that seriously interferes with the student’s ability to function in the College setting (thereby rendering the student unfit to continue in the program) and/or seriously interferes with the educational pursuits of other members of the College community.

 

Except in unusual circumstances where safety is of immediate concern, the College will make a decision to involuntarily withdraw a student only after providing the student with advance notice and an opportunity to meet with the associate provost for student development. In unusual circumstances, the associate provost for student development may make an interim withdrawal decision (or impose other conditions, e.g., restricted campus or housing access) without first meeting with the student. In those instances, the student will be provided with notice in the interim and will be provided with an opportunity to be heard by the associate provost for student development (normally within 72 hours) before a final decision is reached. As part of the assessment, a student may be required to undergo evaluation by either a counselor from the Le Moyne College Wellness Center for Health and Counseling, a health care provider from the College’s Health Services office and/or a medical or mental health professional from outside the College community of the College’s choosing. This process will also apply to those instances where the student is not withdrawn entirely from the College but where the College imposes restrictions on the student’s campus participation (e.g., restricted campus or housing access).

 

A student remains subject to the College’s regular conduct system for acts of misconduct despite the applicability of this policy and process.

 

A student who feels aggrieved by a final decision which involuntarily withdraws the student or which refuses the student’s request for a voluntary withdrawal may file a grievance with the College’s Section 504 Coordinator under the College’s Section 504/ADA grievance procedure.

 

In any particular situation, the associate provost for student development may designate another individual to act on their behalf for the purpose of this policy. Therefore, the references in this policy to the associate provost for student development include his/her designee.

 

In cases of both medical leaves of absence and withdrawals, the tuition refund policies specified in the Le Moyne College Catalog apply.

 

Student Conduct Records

 

Student conduct records are maintained by the director of community standards. Any student has the right to see their own student conduct file. Summaries of student conduct records will be provided to the student upon written request. Student conduct records will be maintained for seven years after graduation, anticipated graduation date, or last date of attendance.

 

The Family and Educational Rights and Privacy Act (FERPA) defines legitimate access to student records. The director of community standards will provide an explanation, in writing if necessary, as to the nature and severity of any violation in which the student in question has been sanctioned when an authorized inquiry to inspect the records of any student is made. Within the College community, only those members individually or collectively acting in the student’s educational interest are allowed access to conduct records.

 

FERPA does make certain exceptions for disseminating information to students’ parents or legal guardians. The College reserves the right to notify parents or guardians in the event of a health or safety emergency regarding their student.

 

Grievance Procedures Related to Discrimination

The purpose of this grievance procedure is to provide students with prompt and equitable investigation and resolution of allegations of unlawful discrimination based on basis of race, color, gender, creed, age, disability, marital status, sexual orientation, veteran status, or national or ethnic origin. This procedure covers grievances brought under Title IX which forbids sex discrimination in educational programs and activities receiving Federal financial assistance; Section 504 and the ADA, which prohibit discrimination on the basis of disability in any program or activity of the College; and the Age Discrimination Act, which prohibits age discrimination in education programs and activities receiving Federal financial assistance.

 

Any student of Le Moyne College may use this procedure. It is not intended to replace or duplicate existing grievance procedures.* This procedure does not deprive a grievant of the right to file a complaint with enforcement agencies external to the College.

 

For additional information regarding procedural steps, contact the associate provost for student development. In all grievance cases the associate provost for student development will advise the grievant of the procedural steps involved, advise the grievant of the various internal and external options available to them, assist in the definition of the charges made and will seek a timely resolution. It is the responsibility of the grievant to meet all the conditions for filing a grievance.

 

*Note: There are also grievance and appeal procedures that relate to student issues such as sexual harassment, grades, academic standing, dispute over billing, behavior on campus, parking violations, etc. For information on such appeals, consult the College catalog and the Student Handbook. The Office of Human Resources will handle employee discrimination issues under the College’s employment policies.

 

Grievance Procedure

 

Informal Resolution
Prior to initiating the formal complaint procedure set down below, it is recommended that the student make every attempt to resolve the issue in an informal manner.
The associate provost for student development upholds the rights of a student to secure access and accommodations in accordance with the ADA and Section 504 Title IX, and the Age Act. The College maintains a philosophy of student self-advocacy and the right to pursue a grievance through the formal grievance procedure. Should a student feel they have not been treated in a fair or professional manner with regard to access and accommodations, the student is encouraged to follow these procedures:

 

Student Responsibilities:
1. The student should discuss their problem(s) with the instructor of the course or appropriate department representative (i.e. campus life and leadership, physical plant, library, etc.) directly, unless extenuating circumstances prohibit doing so.
2. If a conversation with the course instructor, department representative (i.e. campus life and leadership director, physical plant director, etc.) does not settle the situation, the student should then discuss the problem with the head of that department.
3. If a meeting with the head of the department does not resolve the grievance, the student should discuss the problem(s) with the associate provost for student development.
4. If the associate provost for student development is unable to assist in informally resolving the problem(s), the student will be referred to the formal grievance procedure.

 

Formal Grievance Procedure
1. The grievance must be filed, in writing and no more than 1500 words, with the College’s associate provost for student development within 30 days of the alleged act of discrimination. The statement must contain the grievant name, address, the date and a description of the alleged act. Complaints should be sent to the following address: Associate Provost for Student Development, Le Moyne College, Campus Center, 1419 Salt Springs Road, Syracuse, NY, 13214-1301.
2. Time limits within this procedure may be extended by mutual agreement of the grievant and the president of the College or their designee, with the exception of the 30-day limit for initial filing of the grievance.
3. Upon receipt of the complaint, the associate provost for student development will review the complaint for timeliness and appropriateness for this grievance procedure, and will provide the grievant with written notice acknowledging its receipt.
4. The associate provost for student development will promptly initiate an investigation.
5. Upon completion of the investigation, the associate provost for student development will submit to the student, and to the party against whom the grievance is directed, a final report containing a summary of the investigation and the outcome of resolution within 45 days of the initial filing or sooner if time is of the essence to the matter.
6. The grievant or any party against whom the grievance or the proposed disposition is directed may appeal in writing (no more than 1500 words). The appeal should be directed to the president or their designee, Le Moyne College, 1419 Salt Springs Road, Syracuse, New York 13214-1301. The decision of the president or their designee shall be final. The final decision will be distributed to all parties.
7. Upon appeal, the decision of the president or his/her designee shall be final and cannot be appealed to any other grievance or appeal procedures at the college.

8. Failure of the grievant to respond within the designated time limit will be deemed a withdrawal of the grievance. When a complaint is filed with a state or federal enforcement agency or when court action is initiated, internal grievance procedures need not be used